A Los Angeles Superior Court determined this month that singer Kelly Clarkson’s premarital agreement was valid and that she would be able to maintain ownership of a ranch that she owns in Montana.
Clarkson's husband has been contesting the validity of their premarital agreement in the California divorce battle, as well as insisting that he continue to be able to reside at the Montana ranch.
Similarly, Texas allows for marital agreements either prior to (premarital agreements) or after the marriage (postnuptial agreements). People enter into marital agreements for all sorts of reasons, a few examples include:
1) To preserve family fortunes for children from an earlier marriage.
2) To change or eliminate future alimony obligations.
3) To predetermine the parties’ rights and duties during the marriage.
4) To detail which property belongs to each party upon marriage and who has the management rights for those properties/funds.
In Texas, pre and post marital agreements are generally enforced. In order to contest the validity of a marital agreement, one must prove either that they did not enter the agreement voluntarily or that the agreement was unconscionable at the time that it was signed.
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